Wednesday, June 11, 2014

A Los Angeles judge ruled against the current system of granting tenure to K-12 teachers because he found
that low-income students are adversely affected by the inability to remove
ineffective teachers in a timely manner.On one level, this seems like a progressive ruling protecting the
educational rights of the poorest among us; however, on closer inspection, we
discover that the decision is based on several myths regarding education.

One of these myths is the
idea that students from low-income areas perform poorly because they don’t have
the best teachers. What this view
rejects is any understanding of the different economic, psychological, and
social forces affecting young people.
Not only does this myth repress the role that poverty plays in shaping
every aspect of these students’ lives, but it also neglects the advantages
given to the wealthier students. Instead
of looking at school funding or how the lack of good healthcare prevents
students from going to school, the judge is highly invested in the current idea
that a great teacher can overcome all social and personal obstacles facing a
low-income student.

The ruling begins by citing
Brown v Board of Education to point to the important value of providing equal
education to all races. In two other
cited cases, the theme is once again the equality of educational
opportunity. Although it would be hard
to argue against this egalitarian ideal, it is clear that self-segregation and
white flight have made schools very unequal.
Moreover, while the Governor has pushed through a new plan to
redistribute funds to low-income schools, this plan has yet to come into full effect.

The Judge ruled that tenure
keeps “bad” teachers in low-income schools, and it makes it hard to remove
ineffective instructors in a quick and cost-free manner. Of course, he did not suggest how to recruit
and keep teachers in schools with high levels of poverty and stress. What the judge did do is buy into research
showing that a single ineffective teacher can reduce a student’s earning power
over a lifetime. This reductive
analysis, which confuses causation with correlation, is based on the idea that
we can determine the value of someone’s education by looking at how much money
he or she earns later on life. Once again,
a wide-range of variables is excluded in order to establish a simple causal
link between the quality of a teacher and the financial success of a student.

The judge was also impressed
by a study that said that between 1% and 3% of all teachers are grossly
ineffective. Since there are about
250,00 teachers in the state, the judge accepted the notion that there must be
between 2,750 and 8,250 horrible teachers.
Here a questionable statistic is translated into a scientific fact and
applied to a supposedly impartial ruling.
Moreover, if there is an even distribution of bad teachers, then it
would seem that all schools should be equally effected. However, we are never told what defines a
grossly ineffective teacher; all we know is that it is hard to get rid of them
because of tenure.

At the heart of the decision
is the question of whether two years is enough time to decide on tenure for a
teacher. This question actually has some
validity, but it is unclear how a two-year path to tenure causes discrimination
against low-income schools; in fact, the judge adds that the quickness of this
high stakes decision may unfairly harm new, good teachers who are not given
enough time to prove themselves. Yet,
this rational argument is undermined by the judge when he claims that since
many states have a longer pre-tenure period and some states do not allow for tenure
at all, then, California is an outlier, and its system should be changed. Just because some states have terrible rules,
it does not mean that everyone should race to the bottom.

The judge also ruled against
using seniority in layoffs, but did not suggest an alternative and did not say
how this process causes discrimination. What
is so concerning is that Arne Duncan, the Secretary of education endorses theruling: "The
students who brought this lawsuit are, unfortunately, just nine out of millions
of young people in America who are disadvantaged by laws, practices, and
systems that fail to identify and support our best teachers and match them with
our neediest students. Today's court decision is a mandate to fix these
problems. Together, we must work to increase public confidence in public
education. This decision presents an opportunity for a progressive state with a
tradition of innovation to build a new framework for the teaching profession
that protects students' rights to equal educational opportunities while
providing teachers the support, respect and rewarding careers they deserve. My
hope is that today's decision moves from the courtroom toward a collaborative
process in California that is fair, thoughtful, practical and swift."Like so many others, Duncan focuses on just
the individual student and the teacher, but not the multiple other factors that
influence education.

Although this ruling only
dealt with K-12 teachers, its logic could be expanded to include all levels of
education, including higher education.
In fact, the promotion of star teachers and the critique of failing
community colleges is gaining much media attention these days, and so it wouldn’t
be surprising if another millionaire funds a lawsuit against tenure in higher
education.

44 comments:

Bob Samuel's comment, as usual, hits a number "nails" regarding the actual sources of learning inequality smack on the head. One more consideration regarding this hasty and ill considered ruling might be added: the history of tenure. In the "good old days" before tenure, my mother--heroically teaching several grades in a two-room rural school--was fired because the superintendent's niece wanted the job. More to the point, tenure at all levels has been the main protection for academic freedom--as important in the K-12 systems as in higher education. I don't have much hope that the Supreme Court will overturn this ruling, but we should definitely all expose its simplistic reasoning to the best of our ability..

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